The Advocacy Centre for Tenants Ontario (ACTO) brought a motion to intervene as a friend of the court in an appeal concerning the liability of former co-tenants for rent arrears under the Tenant Protection Act.
The respondent landlord opposed the motion, arguing that the Rules of Civil Procedure regarding intervention do not apply to such appeals and that the intervention would unnecessarily complicate the private litigation.
The Court of Appeal rejected these arguments, finding that Rule 13.03(2) explicitly permits intervention and that ACTO's expertise would assist the court in understanding the broader legal issues regarding co-tenant relationships.
The motion to intervene was granted subject to conditions.
